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March 31, 2010
SACRAMENTO, Calif. - Allegations that a tile company failed to disclose that its color concrete roof tiles would fade long before the warranted 50 years are the source of a man’s unfair competition law (UCL) action and satisfy the commonality requirements for class treatment, a California appeals court held Feb. 24 (McAdams v. Monier, No. C051841, Calif. App., 3rd Dist.; See August 2009, Page 10; 2010 Cal. App. LEXIS 224).
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CORPUS CHRISTI, Texas - A Texas appellate panel cut $1 million in future pain and anguish from a verdict of more than $4.6 million but dealt a blow to the learned intermediary doctrine in a case involving Centocor Inc.’s arthritis drug Remicade, saying in a March 4 opinion that direct-to-consumer (DTC) advertising along with changes in health care have undercut the doctrine’s justification (Centocor Inc. v. Patricia Hamilton, et al., No. 13-07-00301-CV, Texas App., 13th Dist.; 2010 Tex. App. LEXIS 1623).
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PHILADELPHIA - The failure by three companies to opt out of the $69 million settlement between class action members and Marsh & McLennan Cos. Inc. over allegations that insurance brokers were rigging bids in exchange for contingent commissions was “excusable neglect,” the Third Circuit U.S. Court of Appeals ruled March 9 (In re: Insurance Brokerage Antitrust Litigation, No. 1663, Marsh & McLennan Cos., et al. v. Office Depot Inc., et al., No. 09-3521, 3rd Cir.; 2010 U.S. App. LEXIS 4936).
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WASHINGTON, D.C. - President Barack Obama on March 23 signed into law historic legislation to extend health care to millions of uninsured Americans, stop insurance companies from dropping or denying care to individuals with pre-existing conditions and require every American to purchase health care coverage.
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WASHINGTON — The debate over whether the Supreme Court should look to foreign law when interpreting the Constitution is ultimately irrelevant because justices can read whatever they want when they are formulating their opinions, Justice Stephen Breyer said Wednesday.
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PHOENIX
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Fresh off a landmark victory in the U.S. Supreme Court, the conservative advocacy group Citizens United is trying to get around one part of the ruling it didn’t like.
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Tucked inside the health-care reform law is significant financial relief for the millions of students who borrow to obtain a higher education.
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Lawyers must advise their immigrant clients facing criminal charges that pleading guilty could lead to deportation, the Supreme Court decided Tuesday.
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SAN FRANCISCO — In a repudiation of the Bush administration’s now-defunct terrorist surveillance effort, a federal judge ruled Wednesday that government investigators illegally wiretapped the phone conversations of an Islamic charity and two American lawyers without a search warrant.
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